Tag Archives: State: Arizona

OneNewsNow: “‘It’s a situation where a small house church that has been meeting in its members’ homes on a rotating basis has been ordered to stop holding those meetings,’ Blomberg explains. ‘And they can’t have any type of meeting, whether they be a church service or they be a Bible study or a church leadership meeting.’”

Mayor Lewis said, “Our vibrancy is enhanced with our strong faith-based groups. Our partnership with our local ministers and pastors is excellent. Gilbert is considered a religious friendly area. Religious activities occur all over Town and most especially in our homes. The Town Council and our citizens will keep it that way.”

ADF attorney Dale Schowengerdt appeared on Chris Fabry Live to discuss this: Ariz. town: No church meetings at home. Period.

The MP3 runs just over 15 minutes

ADF attorney Daniel Blomberg appeared on AFR Focal Point with Bryan Fischer to discuss restrictions on house churches in Gilbert, Arizona.

The MP3 runs just over 12 minutes.

Related ADF Media Information

Persecution Blog: “Here’s an interesting and troubling story coming from Arizona. According to the report the legal organization, The Alliance Defense Fund, has taken up the case and it is expected that this ordinance will be overturned. The question I have is why was this even made an ordinance in the first place. Feel free to comment below and read the other linked stories about this case.”

AZ Republic: “A bill working its way through the state Legislature sounds like a science-fiction novel, with its wording to prevent the creation of ‘human-animal hybrids.’”

CBN News: “The city of Gilbert shut down the church after a city employee spotted signs for it in the neighborhood . . . ‘We hope the City of Gilbert will recognize that this is a bad law on the books, and will repeal it or rewrite it to protect people’s rights in their own home to practice their faith,’ Napier said.” [article includes video featuring ADF Attorney Doug Napier]

WMAZ (AP): “A Christian advocacy group says a zoning code in Gilbert, Ariz., that bars religious assemblies in private homes is unconstitutional . . . The Alliance Defense Fund has filed an appeal, warning the town that its code violates the U.S. Constitution.”

Ian Pringle writing at The Daily Caller: “The town [of Gilbert] ordered Pastor Sutherland, of Oasis of Truth Church, to ‘terminate all religious meetings . . . regardless of their size, nature or frequency . . . As the Alliance Defense Fund put it, ‘this ban is defended based upon traffic, parking, and building safety concerns. However, nothing in its zoning code prevents weekly Cub Scouts meetings, Monday Night Football parties with numerous attendees or large business parties from being held on a regular basis in private homes.’”

KSWT (AP): “The national Alliance Defense Fund says a town code that bars religious assemblies in private homes in the Arizona community of Gilbert is unconstitutional . . . The Alliance Defense Fund’s Doug Napier says no neighbors complained.”

Christian Post: “Alliance Defense Fund attorneys contend in the appeal that was filed Wednesday that banning religious meetings of any size or frequency in a home is unprecedented and unconstitutional. ‘Christian church groups shouldn’t be singled out for discrimination and banned from meeting in their own homes,’ said ADF Litigation Counsel Daniel Blomberg. ‘The interpretation and enforcement of the town’s code is clearly unconstitutional. It bans 200,000 Gilbert residents from meeting in their private homes for organized religious purposes – an activity encouraged in the Bible, practiced for thousands of years, and protected by the First Amendment.’”

KPHO: “A national legal group is warning Gilbert city officials that a code barring religious assemblies in private homes is unconstitutional . . . ‘No neighbors complained,’ said Doug Napier, of the Alliance Defense Fund. ‘They weren’t making noise. They weren’t causing any problems. He just saw these signs and said, “Well, our code says you can’t meet together.”‘”

Christian Singles & Spirituality Examiner: “The pastor of the seven-member Oasis of Truth Church in Gilbert, AZ was ordered by a cease and desist letter to terminate religious meetings in his home, no matter the size or frequency, based on zoning regulations . . . ‘Christian church groups shouldn’t be singled out for discrimination and banned from meeting in their own homes. The interpretation and enforcement of the town’s code is clearly unconstitutional. It bans 200,000 Gilbert residents from meeting in their private homes for organized religious purposes-an activity encouraged in the Bible, practiced for thousands of years, and protected by the First Amendment,’ said ADF Litigation Counsel Daniel Bloomberg.”

Jew School: “‘The city of Gilbert, Ariz., has ordered a group of seven adults to stop gathering for Bible studies in a private home because such meetings are forbidden by the city’s zoning codes . . . The ban, however, prompted a response from the Alliance Defense Fund, which filed an appeal with the city as the first step in its campaign to overturn a provision it describes as illegal’ . . . The liberal elite should jump on this bandwagon and say this isn’t right. Because you know we won’t get together on the Second Amendment with these people, so we can at least come together and fight for the First one.”

WorldNetDaily: “The city of Gilbert, Ariz., has ordered a group of seven adults to stop gathering for Bible studies in a private home because such meetings are forbidden by the city’s zoning codes . . . ‘The interpretation and enforcement of the town’s code is clearly unconstitutional,’ said Daniel Blomberg, a member of the litigation team for ADF. ‘It bans 200,000 Gilbert residents from meeting in their private homes for organized religious purposes – an activity encouraged in the Bible, practiced for thousands of years, and protected by the First Amendment.’”

Christian Web News: “Alliance Defense Fund attorneys filed an appeal Wednesday with the Arizona town of Gilbert’s zoning Board of Adjustment to overturn a decision banning churches from meeting, holding Bible studies, or having any other activities in private homes . . . ‘Christian church groups shouldn’t be singled out for discrimination and banned from meeting in their own homes,’ said ADF Litigation Counsel Daniel Blomberg. ‘The interpretation and enforcement of the town’s code is clearly unconstitutional. It bans 200,000 Gilbert residents from meeting in their private homes for organized religious purposes—an activity encouraged in the Bible, practiced for thousands of years, and protected by the First Amendment.’”

Wall Street Journal: “Churches in Phoenix can once again ring their bells without fear of criminal prosecution thanks to a ruling last week by U.S. District Court Judge Susan R. Bolton, who found the city’s noise ordinance to be an unconstitutional infringement on freedom of religion.”

Alliance Defense Fund attorneys filed an appeal Wednesday with the town of Gilbert’s zoning Board of Adjustment to overturn a decision banning churches from meeting, holding Bible studies, or having any other activities in private homes.

“How can giving taxpayers a choice evince a governmental motive to advance religion?”

OneNewsNow: “Church bells will toll in Phoenix now that a court order has been secured and the city’s noise ordinance has been silenced. ‘What had happened is the city of Phoenix had sentenced Bishop Rick Painter to jail for simply playing church bells at his church, Christ the King Cathedral,’ explains Erik Stanley.”

LifeNews: “Attorneys with the Alliance Defense Fund and Center for Arizona Policy have appealed an Arizona judge’s order to halt new state laws protecting the health and safety of women on abortion . . . ‘We’re appealing the injunction the state court granted to Planned Parenthood because these laws protect the health and safety of women. The protection of women should not be on hold while Planned Parenthood ties things up in court,’ ADF Senior Legal Counsel Steven Aden told LifeNews.com on Monday.”

Attorneys with the Alliance Defense Fund and Center for Arizona Policy have appealed an Arizona judge’s order to halt new state laws protecting the health and safety of women while a lawsuit filed by Planned Parenthood moves forward in state court.

Yuma Sun: “Churches would get some special protections against local regulations under the terms of legislation approved Wednesday by the House. HB 2596 is designed to stop cities from blocking churches from locating in certain neighborhoods.”

NY Times: “Some residents see something sinister in the closings. Betty L. Roberts, who lives in Sun City, west of Phoenix, said the topic was a hot one among her friends. ‘I honestly think they are setting us up because they want to do a tax increase,’ Ms. Roberts said. ‘I think by shutting down things people want, they will give us one.’”

Arizona Republic: “Phoenix has lost a round in the legal squabble over controlling the sound of church bells in the city . . . ‘Church bells are not nuisances,” said Erik Stanley, an attorney for the Alliance Defense Fund, a Christian legal alliance. ‘This is something these churches have been doing for centuries.’”

WorldNetDaily: “A federal judge has concluded a Phoenix noise ordinance that allows exemptions for ice cream trucks but not church bells – one pastor already has been convicted and given a 10-day suspended jail sentence – likely is not constitutional . . . ‘We are pleased that the federal court has recognized the unconstitutional nature of this vague law used to single out churches, and we commend its decision to keep the city from enforcing this problematic noise ordinance while the lawsuit continues,’ said Alliance Defense Fund Senior Legal Counsel Erik Stanley.”

THURSDAY, March 4, 2010
6PM Presentation Begins in the Great Hall
Arizona State University Sandra Day O’Connor College of Law is located at the corner of McAllister & Orange Streets, in Tempe, Arizona.

Alliance Defense Fund attorneys secured a federal court order Wednesday that silences a city of Phoenix noise ordinance used to stop the ringing of church bells.

Arizona Republic: “On a 23-5 margin the Senate voted Wednesday to make it a crime for anyone younger than 18 to send images of nudity or sexual activity by a cell phone or computer. Violators would end up in juvenile court . . . [Pima County Attorney Barbara LaWall] said SB1266, which now goes to the Senate, gives prosecutors the opportunity to file less-serious charges [than those which require registration as a sex offender].”

USA Today (AP): “‘Feeding the homeless and feeding those who are hungry has been recognized as an important religious belief for years,’ [Kevin Theriot] says. ‘My guess is if they were serving a pancake breakfast to local neighborhood folks that aren’t homeless, then nobody would have a problem.’”

“The Center for Arizona Policy has impacted the daily life of nearly every Arizonan in some way or another over the past 14 years . . . ”

wtop.com (AP): “On Saturday mornings, crowds of homeless gather with other needy people at picnic tables outside a church in an upscale Phoenix neighborhood . . . Neighbors say it should be done elsewhere . . . Cities often target events that help the homeless because they don’t want them to be seen, says Kevin Theriot, ADF’s senior counsel. The group is not involved in the Phoenix case, but Theriot says the church’s freedom of religion is being violated. ‘Feeding the homeless and feeding those who are hungry has been recognized as an important religious belief for years,’ he says. ‘My guess is if they were serving a pancake breakfast to local neighborhood folks that aren’t homeless, then nobody would have a problem.’”

ACLU Blog: “That’s when the ACLU filed a legal challenge on her behalf, both to ensure that she receive a safe, timely abortion and to strike down Arpaio’s unconstitutional policy . . . Arpaio must now transport women in his facility who request an abortion, and he must transport them even if they can’t afford to pay the transport costs upfront.”

LA Times: “Nearly half of the Arizona Legislature wants to force President Barack Obama to show his birth certificate to state officials if he runs for re-election.”

AZ Daily Sun: “Ron Johnson, who lobbies on behalf of the state’s three Catholic bishops, acknowledged he has been working to limit the measure from its original scope. But Johnson said it is not designed to shield those responsible. He said there is a ‘public policy’ reason to ensure that businesses — including churches and schools — be able to purchase insurance. Without some limit on litigation, Johnson said, no coverage would be available.”

MyFoxPhoenix.com: “A bill to strengthen Arizona’s abortion requirements is advancing in the Legislature.”

ADF attorney David Cortman on the Janet Mefferd Show to discuss this: ADF attorneys appeal to U.S. Supreme Court to protect school choice in Ariz.

The MP3 runs just over 7 minutes.

“Alliance Defense Fund attorneys appealed to the U.S. Supreme Court Thursday, asking it to reverse a decision by the U.S. Court of Appeals for the 9th Circuit that declared portions of a tuition tax credit program for students unconstitutional.”

The Center for Arizona Policy has issued an action alert: “HB 2148, Marital Preference for Adoption, will be voted on by the Arizona House of Representatives as early as next Monday, February 25. This bill gives children in foster care a chance to have a married mom and dad by establishing a preference for married couples where possible. HB 2148 includes several significant exceptions to enable a child to be adopted by a single person when it is in the best interest of the child. We have more information on our web site, including the CAP’s Family Issues Fact Sheet, current status of the bill, and details of legislative action tracked on our blog.”

ADF attorney David Cortman appeared on The Michael Medved Show to discuss the status of litigation over Arizona’s School Tax Credit.

The MP3 runs just over 33 minutes.

East Valley Tribune: “SB1213 directs the Legislative Council, the main occupant of the building, to look for donations to put up a monument, plaque or some other permanent form of the commandments. The measure now goes to the full Senate.”

East Valley Tribune: “The problem, he said, is that the screening panels are sometimes top-heavy with people who have donated funds to electing lawmakers who support abortion rights or ‘far-left appointees’ of the State Bar of Arizona.”

East Valley Tribune: “Saying children do better in a home with a mother and a father, the state House voted Monday to give married couples preference when placing children for adoption. HB 2148 would overrule the existing practice of the Department of Economic Security that makes the ‘best interests of the child’ the primary factor when considering placing a child for adoption. Instead it would require DES — or any agency that contracts with the state — to give ‘primary consideration to placement with a married couple.’”

MyFoxPhoenix.com: “. . . For each judicial vacancy, nonpartisan commissions review applications and send the three most qualified candidates to the governor, who selects one. Voters decide whether to retain judges or remove them from office. Sen. Jack Harper, R-Surprise, proposes that judges instead be nominated by the governor and confirmed by the Senate, similar to the federal system. Judges would have to be reconfirmed by the Senate every four years . . . ”

East Valley Tribune: “Rep. Nancy Barto, R-Phoenix, the sponsor of HB2650, said she believes that requiring couples to wait 180 days will result in more people deciding they should stay together. As proof, she said the divorce rate is lower in states with longer waiting periods than it is in Arizona, where a marriage can be ended in as few as 60 days.”

Wall Street Journal: “In an interview this week, Mr. Arpaio said he would ignore Washington’s effort to clip his powers and would train all of his 881 deputies to enforce federal immigration law on the streets.”

Education Week: “An Arizona House committee voted Monday to allow bigger tax breaks for private school scholarship donations while also requiring new accountability measures.”

ADF attorney Gary McCaleb appeared on KTVK 3 Phoenix to discuss pending prosecutions of churches for ringing church bells in Phoenix.

The MP4 runs just over 4 minutes.

ADF attorneys Erik Stanley and Gary McCaleb appeared on KFUO with Roland Lettner to discuss litigation pending in Phoenix over the ringing of church bells. The MP3 runs approx. 25 minutes.

Erik also appeared on the Hugh Hewitt Show to discuss the same case. The MP3 runs just over 5 minutes.

Related ADF Media Information

Christian Newswire: “Attorneys with Americans United for Life filed a brief in the 9th Circuit Court of Appeals arguing that Arizona’s 2009 informed consent law is a constitutionally-appropriate expression of the state’s legitimate interest in safeguarding the health of women considering abortions . . . ”

ADF attorney Erik Stanley appeared on Drive Time, AM 570 and 910 to discuss this case: Bishop sentenced to jail for ringing bells; three Phoenix churches sue city over vague noise ordinance restricting age-old practice

The MP3 runs just under 15 minutes.

AZ Republic: “State lawmakers on Wednesday proposed a sweeping overhaul of the private-school tax-credit system that would increase donation limits by at least 50 percent but add key disclosures and more accountability . . . ”

Casa Grande Dispatch: “An Arizona Senate panel on Wednesday endorsed a bill that prosecutors hope would make young people think twice before sending nude pictures of themselves to their friends or significant others . . . It would make it a misdemeanor for minors to send or keep such images. It would also target images passed around among young people other than the intended recipient . . . The Public Safety and Human Services Committee voted 5-0 on Wednesday to send the measure to the full Senate.”

LifeNews: “Deborah Sheasby, legal counsel with the Center for Arizona Policy and an Alliance Defense Fund allied attorney, will represent pro-life advocates wanting to help defend the legislation . . . ADF Senior Legal Counsel Steven H. Aden also talked about the lawsuit. ‘If Planned Parenthood really cared about women’s rights, they’d support laws that allow women to make fully informed choices instead of challenging these laws in court,’ he told LifeNews.com. ‘Planned Parenthood’s suit is more about protecting its “bottom line” than women’s rights.’”

eborah Sheasby, legal counsel with the Center for Arizona Policy and an Alliance Defense Fund allied attorney, will be available for media interviews following a hearing Friday in a lawsuit filed by Planned Parenthood that seeks to strike down two Arizona laws protecting the health and safety of women.

Land Use Prof Blog: “There seems to be a big church-state land use battle brewing in Arizona . . . the Alliance Defense Fund, argued in U.S. District Court that the Phoenix noise ordinance is overly vague and unconstitutional . . . Is the ordinance unconstitutionally vague? Does targeting church bells infringe on First Amendment free exercise, or RLUIPA? It’s a generally-applicable rule, but the text certainly gives a wide berth of discretion to local government officials to make enforcement decisions under the ‘reasonableness’ standard.”

Christian Web News: “‘This case illustrates that no pastor should ever be criminally sentenced for ringing church bells,’ [Erik Stanley] said. ‘This is a huge leap. We are not aware of any historical precedent where someone has been criminally convicted for peacefully exercising his religion. He never should have been convicted for peacefully ringing his church bells.’”

UPI: “During oral arguments . . . Erik Stanley . . . said the noise ordinance is so vague it is impossible to determine if any given act is illegal. Several other churches support the cathedral. ‘These cases are important because no pastor should be convicted for peacefully exercising his religion,’ Stanley said. ‘That’s what this whole thing boils down to.’”

OneNewsNow: “‘They allow public addresses of non-commercial nature,’ Stanley explains. ‘They can be as loud as they want to. They allow for ice cream trucks to travel up and down the street playing their sound at a higher [noise] level than what the bell sounds were at Christ the King Cathedral. So the city of Phoenix’s noise ordinance allows for all of these noises, yet they have come after and criminally convicted a pastor.’”

Arizona Republic: “In May 2009 Phoenix Municipal Court Judge Lori Metcalf told the church, Cathedral of Christ the King, to pipe down . . . She also found the church’s leader, Bishop Rick Painter, guilty on two counts of disturbing the peace. He received a 10-day suspended sentence and three years’ probation . . . ‘These cases are important because no pastor should be convicted for peacefully exercising his religion,’ [Erik] Stanley said. ‘That’s what this whole thing boils down to.’”

WorldNetDaily: “Senior Legal Counsel Erik Stanley of the Alliance Defense Fund today argued both cases, and told WND the prosecution of Painter of Christ the King Liturgical Charismatic Church and the threats against other churches including St. Mark Roman Catholic Parish and First Christian Church of Phoenix are unprecedented. ‘This case illustrates that no pastor should ever be criminally sentenced for ringing church bells,’ he said. ‘This is a huge leap. We are not aware of any historical precedent where someone has been criminally convicted for peacefully exercising his religion. He never should have been convicted for peacefully ringing his church bells.’”

ADF attorneys are defending Bishop Rick Painter of Christ the King Liturgical Charismatic Church in State of Arizona v. Painter, a criminal case on appeal. They are also representing St. Mark Roman Catholic Parish, First Christian Church of Phoenix, and Christ the King Church in a civil suit in federal court that challenges the noise ordinance as unconstitutional.

TriValley Central: “The Board of Supervisors unanimously approved a zoning ordinance amendment on Jan. 20 that would change the designation of adult entertainment and adult service providers to adult-oriented businesses and would require a new zoning category that would limit where they may be located.”

Religion Clause Blog: “In an unpublished opinion which sets out none of the relevant facts, the 9th Circuit last Friday in Lowry v. Yavapai County Board of Supervisors, (9th Cir., Jan. 22, 2010), rejected a pro se appeal in a case in which plaintiffs claimed that a zoning decision violated their free exercise rights.”

Arizona Republic: “With the definition of marriage being challenged nationwide, the Catholic Church in Phoenix has introduced significant changes in its program for couples who want a church wedding lengthening the preparation time from six to nine months.”

Arizona Republic: “The Arizona State Board for charter schools votes today on 19 applications for new charter schools, including one from Mesa Public Schools, the state’s largest district, which is looking for new ways to compete in the face of declining enrollment.”

Politico: “Former GOP Rep. J.D. Hayworth told the Arizona Daily Star that he will be challenging Arizona Sen. John McCain in the Republican primary — one day after announcing he was quitting his conservative talk radio show.”

AZ  Daily Star: “It took more than three years, but the state Supreme Court has approved new rules that will make it much easier for attorneys from other states to ply their trade in Arizona . . . On paper, the regulations will allow lawyers who have been in business elsewhere to be admitted to practice law here without first taking and passing the bar exam in Arizona. Instead, they can get in by simply attending a one-day course.”

The Election Law Blog reports and links to the ruling in McComish v. Brewer, No. CV-08-1550-PHX-ROS (D. Ariz. Jan. 20, 2010)

Arizona Republic: “A shooting, an attempted armed robbery and a fire at a Phoenix strip club early Monday morning ended with one man dead. Employees at Lacey’s Gentleman’s Club told police a 33-year-old man was upset after a dancer, who provided a private dance for him, refused a sexual solicitation. The man left and came back with a handgun and attempted to rob the business.”

The Hill: “Shadegg becomes the third Republican to announce his retirement in recent weeks. He joins Reps. Henry Brown (R-S.C.) and George Radanovich (R-Calif.)”

Arizona Right to Life Press Release: “[T]he 37th Annual March & Rally for Life in Phoenix commemorates the day when the US Supreme Court handed down the Roe v. Wade decision, legalizing abortion-on-demand through all nine months, including partial-birth abortion . . . Confirmed Speakers: Governor Jan Brewer, Senator Jon Kyl, Congressman John Shadegg, Congressman Trent Franks, Treasurer Dean Martin, Bishop Thomas Olmsted, State Senator Linda Gray, AZ Right to Life President Jinny Perron, Life Ed. Corp. President John Jakubczyk”

LifeNews: “A member of the Final Exit Network assisted suicide ring that resulted in the deaths of multiple people from illegal assisted suicides had pleaded guilty in one case . . . Now, according to a Phoenix New Times report, Hale-Rowe struck a plea deal with county prosecutors and agreed to testify against the three remaining defendants in the case . . . ”

KPHO.com: “Neighbors in the community took the matter to the city of Phoenix where ultimately the church was cited for violating zoning laws because the church was acting as a charity dining hall in a residential zone.”

Arizona Republic: “Mormon Church officials said Monday they want to work with a north Phoenix neighborhood, who turned in more than 16,000 signatures last week asking that voters decide the height of a temple.”